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Wellington lawyer and National Party candidate Stephen Franks says the coverage of the Electoral Finance Act is so wide it may unwittingly capture the play The Hollow Men.

Mr Franks has raised the issue of the play, being staged at Auckland’s Maidment Theatre, with the Electoral Commission, seeking an interpretation of whether it fits the Act’s definition of election advertising.

Political parties are highly confused about what the Act covers with the Government unable to provide adequate explanations in Parliament.

Mr Franks, a former ACT MP standing for National in Wellington Central, says on his website he has asked the commission to clarify whether theatre can be caught by the Act’s provisions.

Under the Act an election advertisement is defined as any form of words and graphics that can be reasonably regarded as “encouraging or persuading voters to vote, or not to vote, for one or more specified parties”.

The Hollow Men, based on Nicky Hager’s namesake book, is a critical expose of the National Party based on over 400 stolen or leaked emails from former leader Don Brash.

In his letter to the commission, Mr Franks refers to the definition of “publishing” in the Act which includes to “display to the public”, which appears to possibly capture theatre.

Theatre is also not specifically mentioned in the Act’s exemptions, which explicitly allow for books, editorial material in periodicals and radio or television programmes.

If the play is found to be in breach of the Act, its producers may have to register as a “third party”.

Mr Franks said he had not seen The Hollow Men, but was in favour of it being staged without restriction.

“It would be appalling for that to be banned, whether it is a true or false view of history.”

His aim was to get clarity on the meaning of the poorly written Act.

Mr Franks also asks the commission for clarity on how to treat expenses associated with speeches, which also seem to fit the Act’s definitions of advertising and publishing.

Electoral Commission chief executive Helena Catt told NZPA it was considering Mr Franks’ letter, but it was unclear if he was complaining or merely seeking an interpretation.

The commission did not vet material and only made decisions on complaints.

It would seek clarification from Mr Franks if it was needed.

The Hollow Men has hit the headlines this week, with two of is protagonists — Dr Brash and National Party donor Diane Foreman — attending the play this week.

Dr Brash said the play was inaccurate and made him appear “naive and goofy”, while Mrs Foreman has said it was a “long way from reality” and its depiction of her was exceedingly offensive.

It was alleged last year Dr Brash and Mrs Foreman were having an affair, a rumour they have not denied.

However, the pair said their appearance at the play on the same night was a coincidence.

The police this week closed their investigation into the email heist, saying they had failed to find the thief, but the person was likely to have taken them in printed form rather than by hacking into Dr Brash’s computer.

Articles by NZPA